Reduced penalties for unlicensed driving had no impact on road safety

Prison sentences for people caught driving while disqualified or unlicensed have fallen by a quarter and licence disqualifications have halved since NSW courts were given more discretion on the penalties that affect poorer, regional or Aboriginal people more often.

Despite concerns that courts would allow more dangerous drivers back on the road faster, there has been no "immediate negative impact" on road safety since the changes began in October 2017, analysis released on Wednesday by the NSW Bureau of Crime Statistics and Research (BOCSAR) shows.

Unauthorised driving is the most common offence seen by NSW local courts pulling about 23,000 people in 2017 - 16,537 were charged with driving while disqualified or suspended and 6454 were charged with driving without a licence.

In NSW, about one in every three drivers sent to jail for unauthorised driving between 2013 and 2017 were of Aboriginal or Torres Strait Islander descent.

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NSW had some of the harshest penalties in Australia for unauthorised driving. Courts had less discretion to consider the circumstances that led to unlicensed driving than for drink driving, or negligent driving that caused death or serious injury under the old regime. Under the old rules, fines were applied cumulatively and a ban from driving could be made for not paying almost any type of fine, such as for fishing without a licence.

Law Society of NSW president Doug Humphreys said the savings to the public by not sending people to jail unnecessarily were significant.

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“Diversionary programs are far better value for money and address recidivism in a far more effective way than sending people to jail," Mr Humphreys said.

“Long disqualification periods have a serious adverse social impact, particularly on vulnerable people and people in regional and rural areas, as long disqualifications affect the ability to travel for education and employment purposes."

BOCSAR executive director Dr Don Weatherburn said the results were reassuring but not surprising.

“Numerous studies have shown that the risk of apprehension is a far more powerful deterrent than the severity of the punishment if caught,” Dr Weatherburn said.

Roads Minister Melinda Pavey said the changes still kept dangerous drivers off the road.

“The reforms also provide incentives for disqualified drivers to do the right thing, recognising that lengthy driving bans have little or no deterrent effect and can increase the risk of reoffending,” Ms Pavey said.

Disqualified drivers can apply to their local court to have a disqualification lifted after two or four years, if they have no convictions for driving offences that caused death or grievous bodily harm.

NSW Attorney-General Mark Speakman said the changes were helping those who were economically and socially disadvantaged.

“The new laws are helping Indigenous and geographically isolated people return to lawful driving sooner, improving their access to employment and essential services,” Mr Speakman said.